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HomeMy WebLinkAboutOrdinance-1994-0968 - - RECEPTION NO. F0700156 16.00 236 RECORDED IN JEFFERSON COUNTY, COLORADO PG: <)001-003 9/23/1 998 8:57:54 of \\9 INTRODUCED BY COUNCIL MEMBER BEHM Council Bill No. 54 ORDINANCE NO. Series of 1994 968 }/~ TITLE: AN ORDINANCE PROVIDING FOR THE APPROVAL OF REZONING FROM AGRICULTURAL-ONE, RESIDENTIAL-ONE AND RESIDENTIAL-TWO TO PLANNED RESIDENTIAL DEVELOPMENT ON LAND LOCATED AT 10241 WEST 38TH AVENUE, 10150 WEST 40TH AVENUE AND 3975 MILLER COURT, CITY OF WHEAT RIDGE, COUNTY OF JEFFERSON, STATE OF COLORADO. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WHEAT RIDGE, COLORADO, THAT: Section 1. Upon application by st. Ives Realty for approval of rezoning in Wheat Ridge, Colorado, Case No. WZ-94-3 and based upon recommendation for approval, with conditions from the Wheat Ridge Planning Commission, and pursuant to findings made based on testimony and evidence presented at public hearing before the Wheat Ridge City Council, Wheat Ridge maps are hereby amended to exclude from the Agricultural-One, Residential-One and Residential-Two Districts and to include in the Planned Residential Development District, the following described land: A parcel of land situated in the Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the Sixth Principal Meridian, Jefferson County, State of Colorado, consisting of approximately 29.9 acres, more particularly described as follows: The East 264 feet of the North 750 feet of the Southwest one- quarter Southeast one-quarter Section 21, Township 3 South, Range 69 West of the 6th P.M., except the North 20 feet thereof and except the West 15 feet thereof and except the East 20 thereof and except the South 230 feet of the East 264 feet of the North 750 feet of the Southwest Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., except the West 15 feet thereof, and except the East 20 feet thereof, excluding any portion of the above described property not located in the East 8 acres of the Southwest Quarter of the Southeast Quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., County of Jefferson State of Colorado. and including The West one-half of the Southeast one-quarter of the Southeast one-quarter of Section 21, Township 3 South, Range 69 West, except any portion which may lie within 38th Ave., and except: A part of the West one-half of the Southeast one-quarter of the Southeast one-quarter (W 1/2 SE 1/4 SE 1/4) of Section 21, Township 3 South, Range 69 West, more particularly described as follows: beginning at the Southeast Corner of said W 1/2 SE 1/4 Ordinance No. 968 Series of 1994 Page 2 1- SE 1/4; thence West 120 feet, thence North 80 feet, thence in a Northeasterly direction 137 feet to a point which is 148 feet North of place of beginning. and including All that part of the West one-half of the East one-half of the Southeast one-quarter of the Southeast one-quarter of Section 21, Township 3 South, Range 69 West of the 6th P.M., City of Wheat Ridge, Jefferson County, Colorado, lying north or northerly of center line of a certain stream commonly called Dry Creek together with a strip 20 feet wide to be used for road purposes along the East side of that portion of the West one-half of the East one-half of the Southeast one-quarter of the Southeast one- quarter lying south of center line of said Dry Creek being a roadway connecting the first above described tract with West 38th Avenue, excepting therefrom that portion of the above described land as taken by the City of Wheat Ridge for the Lena Gulch drainageway as evidenced by order for immediate possession recorded October 10, 1980 at Reception no. 80076775 of the Jefferson County records. Section 2. Condition. The Outline Development Plan, attached hereto and incorporated herein, is hereby adopted and shall serve as a general guideline for the future development and use of the legally described property. Prior to development and use of the property, preliminary and final development plans, and a subdivision plat must be approved in accordance with Wheat Ridge Code of Laws, Section 26-25. Right to development shall not accrue until the Final Planned Residential Development Plan and Subdivision Plat have been legally approved by the Wheat Ridge Planning Commission and City Council and recorded with the Jefferson County Clerk and Recorder, and subject to meeting all other requirements as provided by the Wheat Ridge City Charter and the Wheat Ridge Code of Laws. Section 3. Safety Clause. The City Council hereby finds, determines, and declares that this ordinance is promulgated under the general police power of the City of Wheat Ridge, that it is promulgated for the health, safety, and welfare of the public, and that this ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the ordinance bears a rational relation to the proper legislative object sought to be attained. Section 4. Severability. If any clause, sentence, paragraph, or part of this ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this ordinance or its application to other persons or circumstances. Ordinance No. 968 Series of 1994 Page 3 3 Section 5. This ordinance shall take effect upon passage. INTRODUCED, READ, AND ADOPTED on first reading by a vote of 7 to ...L on this 25th day of April , 1994, ordered - published in full in a newspaper of general circulation in the City of Wheat Ridge and Public Hearing and consideration on final passage set for May 23 , 1994, at 7:00 o'clock p.m., in the Council Chambers, 7500 West 29th Avenue, Wheat Ridge, Colorado. 5/23/94 Continued to June 13, 1994 by a vote of 6-0. READ, ADOPTED AND ORDERED PUBLISHED on second and final reading by a vote of 8 to 0 , this 13th day of June 1994. SIGNED by the Mayor on this 14th day of June , 1994. . :~~i{/id." Wanda Sang, C1TY ( , ~~ Dan Wilde, MAYOR APPROVED AS TO FORM BY CITY ATTORNEY ,~,d~ Ka h yn s~roeder, CITY ATTORNEY 1st Publication: May 3, 1994 2nd Publication: June 21, 1994 Wheat Ridge Sentinel Effective Date: June 13, 1994 <pc>ordwz943